Claimant v LTE Group (a statutory corporation)
Outcome
Individual claims
The claimant lacked the qualifying service required under s.108 Employment Rights Act 1996, having been employed for less than 2 years. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Facts
The claimant, M Harb, brought a claim for constructive unfair dismissal against LTE Group (a statutory corporation) and three individual respondents. The claimant had been employed by the first respondent for less than 2 years at the time of the alleged dismissal. The judgment notes that the claimant has other complaints that remain unaffected by this strike-out.
Decision
The tribunal struck out the constructive unfair dismissal complaint on the ground that the claimant did not have the required 2 years' continuous service under s.108 Employment Rights Act 1996. The claimant failed to provide an acceptable reason why the complaint should not be struck out despite being given the opportunity to do so.
Practical note
A claimant must have at least 2 years' continuous employment to bring an ordinary constructive unfair dismissal claim, and tribunals will strike out claims lacking this qualifying service where no acceptable reason is provided to avoid strike-out.
Legal authorities cited
Statutes
Case details
- Case number
- 6006858/2024
- Decision date
- 23 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No